NCJ Number
6813
Journal
Crime and Delinquency Volume: 18 Issue: 1 Dated: (JANUARY 1972) Pages: 49-58
Date Published
1972
Length
10 pages
Annotation
ANALYSIS OF THE DECISIONS OF THE WARREN COURT REVEALS A DRAMATIC DEVIATION FROM A PRIOR POLICY OF JUDICIAL RESTRAINT TO A JUDICIAL POLICY OF LIBERAL ACTIVISM.
Abstract
THREE IMPORTANT CHANGES IN AMERICAN SOCIETY WERE GIVEN IMPETUS BY DECISIONS OF THE SUPREME COURT UNDER EARL WARREN. THESE WERE IN THE ISSUES OF DESEGREGATION, ONEMAN, ONE-VOTE, AND THE ADMINISTRATION OF CRIMINAL JUSTICE. THE ACCUSATION AGAINST THE WARREN COURT THAT IT WAS CODDLING CRIMINALS AND HANDCUFFING POLICE, BELIED BY STATISTICS, MAY HAVE BEEN INCITED BY HOSTILITY THAT THE COURT HAD AROUSED BECAUSE OF ITS DECISIONS ON INTEGRATION AND ELECTORAL APPORTIONMENT. ANALYSIS OF IMPORTANT DECISIONS IN THE YEARS BEFORE WARREN REVEALS A HESITANT AND AMBIGUOUS COURT, TAKING BOTH FORWARD AND BACKWARD STEPS IN DEFENSE OF THE CONSTITUTIONAL RIGHTS OF THE ACCUSED. SOME OF THE WARREN DECISIONS ON ISSUES OF CRIMINAL JUSTICE WERE UNANIMOUS, AND OTHERS WERE MADE BY A SPLIT COURT. A STUDY OF THE VOTING RECORDS OF WARREN'S COLLEAGUES LEADS TO THE BELIEF THAT THE MAJOR THRUST OF THAT COURT WILL NOT BE REVERSED BY ITS SUCCESSOR, UNLESS UNDER THE PRESSURE OF A PRECIPITATE CHANGE IN AMERICA'S SOCIAL ATMOSPHERE. AUTHOR ABSTRACT.